The intelligencer. [volume] (Lexington, Mo.) 1887-1891, 1887-04-23
THE TRUTH AS TO THE LAW.

"It is not so much the passage OF
ne railroad laws that is needed, as
the proper enforcement Of laws now
This is partially true, but
erroneous.
AS we have said before, there Is enough
law on the statute books, 80 far as guam
tity goes, but the trouble lies In Its
and in the fact that the
penalties are not of q kind that will
secure its enforcement against railroad
corporations, whatever they might
accomplish for wronged individuals
individuals.
It is true that the present laws are
not enforced, but whose fault Is that9
1t is not the fault of any officer having
them in charge, but it is because the
remedy is placed in the hands OF the
wronged individual, who is n~inety-nine
times In q hundred too weak to cope
with a powerful railroad corporation
To see this. one has but to study the
present laws. The trouble is, that
this is not done. An &c parts opinion
is formed, and a Jumping shot is taken
at the whole, right or wrong.
Take the provisions as to being an
officer in two competing and parallel
lines. A casual reading makes these
to appear very good. But practice has
proven that they are fatally defective.
In order to a prosecution, service must
be obtained within the state. The per
IONS at fault live without It. An
amendment Is needed here, yet we are
told that we should continue to wait,
after this defect is discovered. Take
section s1e, written to carry out section
~, article IL of the constitution. Is it
not worth the paper it is printed on,
because there Is no penalty. Sections
800 and s21, which apparently prevent
determinations, fail to do so, be.
cause as we haye indicated, the remedy
is simply by suits to be brought by in
dividuals. Section s32 pretends to reg
ulate passenger rates, but there is no
penalty to enforce its provisions, which
are In themselves loose and INSULT
Gent. The old maximum rates of Sec
ton sS4, fit the railroads about as
would a pair of Mr.. Mark Howsare's
p~antaloons on Mr.. Henry Sinauer, who
furnishes them to him.
It Is not that there is an insufaciency
Of law-there is plenty as to bulk-but
1t is that the present laws are neither
clear or enforceable.
1t Is not that tho present law Is too
lenient. 1t is as sever In Its provis'
ions as are the laws proposed at the
recent session of the legislature.
The railroad lobbyists know that
They do not fear what they are pleased
to term adverse legislation. What they
do fear IL such . clear exposition in the
statutes of the intent of u present
laws that no one can misunderstan 1t
and such penalties and means Of en-
forcing them that they can no longe'
evade hem. To use a homely saying
"Tbat accounts for the milk In the CO.
coanut."
The enemies of the law have in NJ
instance attempted to show wherein
house bill $40 was oppressive, or wors'
than the laws now on the statute
books, except that 1t can be enforced
They object to the penalties as being
too severe. Why should they dreat
them if they intend to obey the law
The penalty for burglary, robbery
bigamy, and so on, never bothers tn
mind of an honest man.
1t is objected that making the com
missioners, prosecuting attorneys an
attorney-general parties to suits TO
violation of the rates fixed by the coin
m~issioners will multiply litigation
This is like the penalties. 1t th
schedules are obeyed, or first set asid
in a court OF competent Jurisdiction, a
is provided for, there be no litigs
ton. And we prefer to take the 81
p~erience of the great state Of Illinois
rather than the ipse dirH of intereste
parties who have had NO experience
the matter whatever. In Illinois, III
der this law, the litigation has bee
trivial. The roads at first conspired
break it down, just as they are no
doing against the interstate commerce
law, but q case o went up to II
United States supreme court, whle
decided In favor of the law and thu
ended it. This litigation cost the stat
$4,000. Since then the litigation hs
cost less than $1,000 per year.
The truth IL, that the legislation pr
posed by the legislative committees b
been carefully considered, not on
this session, but for several years, b
j., statesmen like Senator Harmon, tn
= it Is based upon correct principles, al
Z that it Is just and fair.
The state board Of equalization co
| Naz-l.- YoNf~wo0n Hitu